# In the matter of Ajeet Kumar Saxena and Ors Vs Shubhkamna Buidtech Pvt Ltd and Ors CA (AT) 471-2019

> NCLAT judgment dated 2019-05-08. Citation: TCN-2019-NCLAT-00570. The case involves a Restoration Application No. 09 of 2019 in Company Appeal (AT)…

- **Court:** NCLAT
- **Order date:** 8 May 2019
- **Citation:** TCN-2019-NCLAT-00570
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ajeet-kumar-saxena-and-ors-vs-shubhkamna-buidtech-pvt-ltd-and-ors-ca-9d409d86

## Summary

### Background

The case involves a Restoration Application No. 09 of 2019 in Company Appeal (AT) (Insolvency) No. 471 of 2019. The appellant sought restoration of the company appeal. The court heard the learned counsel for the appellant and was satisfied with the grounds for restoration.

## Facts

Ajeet Kumar Saxena & Ors. filed an appeal against M/s. Shubhkamna Buidtech Pvt. Ltd. & Ors. Company Appeal (AT) (Insolvency) No. 471 of 2019 was dismissed. The appellant filed a Restoration Application No. 09 of 2019 seeking restoration of the appeal. The court, after hearing the appellant's counsel and being satisfied with the grounds presented in the restoration application, decided to recall the order dismissing the appeal and restore it to its original file. The appeal is now listed for admission as a fresh case.

## Issues and analysis

### Issue 1: Whether the grounds presented by the appellant are sufficient to warrant the restoration of the …

**Ratio:** The ratio is that if the court is satisfied with the grounds presented in the application

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**Reasoning:** The court reasoned that the learned counsel appearing on behalf of the Appellant

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**Interpretation:** The interpretation is that the court has the discretion to restore an appeal if

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**Application:** The court applied this ratio to the facts of the case, where the appellant

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Ajeet Kumar…
- **Respondents:** M/s. Shubhkamna…
- **Advocates:** Sudeep K.…; Akash K…; +2 more

## Timeline

- **2019-05-01 — Original…**: Order passed in Company Appeal…
- **2019-05-08 — Restoration Application…**: Court heard the learned counsel appearing on behalf of the Appellant and was satisfied…

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